Alabama HB 164

Takes effect October 1, 2024

Age verification mandate. Relevant features:

• enforcement: private lawsuits and civil penalties
• age verification mechanisms allowed: Any commercially available software, application, program, or methodology that, when enabled, provides reasonable assurances that any individual accessing certain published material is 18 years of age or older.
• Other provisions:

  • Requires written consent from every person depicted in explicit content

  • Imposes a 10% tax on any adult content that is “produced, sold, filmed, generated, or otherwise based in” Alabama

  • Websites must display the following "health warnings":
    "ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography is potentially biologically addictive, is proven to harm human brain development, desensitizes brain reward circuits, increases conditioned responses, and weakens brain function."
    "ALABAMA HEALTH AND HUMAN SERVICES WARNING: Exposure to this content is associated with low self-esteem and body image, eating disorders, impaired brain development, and other emotional and mental illnesses."
    "ALABAMA HEALTH AND HUMAN SERVICES WARNING: Pornography increases the demand for prostitution, child exploitation, and child pornography."
    "U.S. SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION HELPLINE: "1-800-662-HELP (4357) "THIS HELPLINE IS A FREE, CONFIDENTIAL INFORMATION SERVICE (IN ENGLISH OR SPANISH) OPEN 24 HOURS PER DAY, FOR INDIVIDUALS AND FAMILY MEMBERS FACING MENTAL HEALTH OR SUBSTANCE USE DISORDERS. THE SERVICE PROVIDES REFERRAL TO LOCAL TREATMENT FACILITIES, SUPPORT GROUPS, AND COMMUNITY-BASED ORGANIZATIONS."